SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 ----------------- FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 FEBRUARY 4, 2001 (Date of Earliest Event Reported) PHILLIPS PETROLEUM COMPANY (Exact name of registrant as specified in its charter) DELAWARE 001-00720 73-0400345 (State or other (Commission File Number) (IRS Employer jurisdiction Identification of incorporation) Number) PHILLIPS BUILDING, BARTLESVILLE, OKLAHOMA 74004 (Address of principal executive offices, including Zip Code) (918) 661-6600 (Registrant's telephone number, including area code) Item 5 - Other Events. On February 4, 2001, Phillips Petroleum Company ("Phillips") announced that Phillips, Ping Acquisition Corp. and Tosco Corporation entered into a definitive agreement and plan of merger (the "Merger Agreement"), dated as of February 4, 2001. A copy of the Merger Agreement, and a letter agreement entered into between Phillips and Thomas D. O'Malley, are each attached hereto as Exhibits 2.1 and 99.1, respectively, and are each hereby incorporated herein by reference. Item 7(c) - Exhibits. 2.1 Agreement and Plan of Merger, dated as of February 4, 2001, by and among Phillips Petroleum Company, Ping Acquisition Corp. and Tosco Corporation 99.1 Letter agreement, dated as of February 4, 2001, between Phillips Petroleum Company and Thomas D. O'Malley -2- SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. PING COMPANY Date: February 4, 2001 By: /s/ J. B. Whitworth -------------------------------- Name: J. B. Whitworth, Esq. Title: Senior Vice President and General Counsel -3- EXHIBIT INDEX 2.1 Agreement and Plan of Merger, dated as of February 4, 2001, by and among Phillips Petroleum Company, Ping Acquisition Corp. and Tosco Corporation 99.1 Letter agreement, dated as of February 4, 2001, between Phillips Petroleum Company and Thomas D. O'Malley